Planning application reference: NP/GDO/0814/0881 Planning application title: Submission under Part 19 (Class C) of the GPDO 1995. Construction of necessary safety edge protection adjacent to short section of haul route, Burntwood Quarry, Beeley

THE TOWN AND COUNTRY PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS 2011

(‘The EIA Regulations’)

Regulations 4 & 5 SCREENING OPINION

This form is to be used for all proposals which fall in Schedule 1 or Schedule 2 of the above Regulations.

PLEASE INDICATE BELOW WHICH SCHEDULE THE PROPOSAL FALLS WITHIN AND FOR SCHEDULE 2 PROJECTS INDICATE WHETHER AN EIA IS REQUIRED GIVING REASONS

1. The proposal falls within Schedule 1 of the EIA Regulations and therefore an EIA IS REQUIRED AND AN ENVIRONMENTAL STATEMENT HAS TO BE PROVIDED.

2. The proposal falls within Schedule 2 and is located within a ‘sensitive area’ as defined in regulation 2(1) of the EIA Regulations. Consideration has been given to the likelihood of significant effects on the environment having regard to the selection criteria for screening set out in Schedule 3 (location, characteristics of the development and potential impacts). The Peak District National Park Authority, as the relevant Mineral Planning Authority (MPA), and in consideration of sufficient information for the purpose, has adopted a screening opinion that the proposed development as described falls within Schedule 2 of the EIA Regulations and an EIA IS REQUIRED AND AN ENVIRONMENTAL STATEMENT HAS TO BE PROVIDED for the following reasons:

3. The proposal falls within Schedule 2 and is located within a ‘sensitive area’ as defined in regulation 2(1) of the EIA Regulations. Consideration has been given to the likelihood of significant effects on the environment having regard to the selection criteria for screening set out in Schedule 3 (location, characteristics of the development and potential impacts). The Peak District National Park Authority, as the relevant Mineral Planning Authority (MPA), and in consideration of sufficient information for the purpose, has adopted a screening opinion that the proposed development as described falls within Schedule 2 (a) [Extractive Industry] of the EIA Regulations 2011 (as amended) AND IS NOT EIA DEVELOPMENT for the following reasons:

Description of proposed works

The proposal is a submission under Part 19 (Class C) of the General Permitted Development Order (1995) for the construction of a safety bund immediately adjacent to a short stretch (approximately 250m) of haul road at Burntwood Quarry, Beeley. The bund will be approximately 1.5 metres in height. The development necessitates some minor excavation works into one section (approximately 75 metres) of bank towards the quarry entrance to accommodate the access road and bund on the opposite side, which will require the removal of a few small self-set silver birch trees and one self-set oak.

Background

Planning permission NP/DDD/0513/0392 for the reopening of Burntwood Quarry for the extraction of stone for the conservation of Chatsworth House, Park and Gardens, with associated landscaping and nature conservation works, was granted on 17 December 2013. Following submission and discharge of several pre-commencement conditions, works commenced under the permission at the beginning of August 2014. Whilst undertaking the enabling works, the quarry manager identified a potential problem with the location and width of the haul road out of the quarry, at the point it meets the bridleway no. 10, and for a distance of approximately 250 m towards the storage shed. The issue is that the width shown on the approved plans does not account for a safety bund on the south side of the haul route, where there is a drop-off down to the small brook. The Quarries Regulations (Regulation 3) deem the access road to form part of the quarry and therefore, under Regulation 13 (Benches and Haul Roads) the operator is required to ensure that, so far as is reasonably practicable:

(i) benches and haul roads are designed, constructed and maintained so as to allow vehicles and plant to be used and moved upon them safely; and

(ii) where necessary, effective precautions are taken, by the installation of barriers or otherwise, to prevent vehicles or plant accidentally leaving any bench or haul road.

The quarry haul road must be suitable for the type and size of machinery and loads used on it and vehicles must be able to move safely and without risk of accidentally leaving the road or from any instability.

In this instance, the extracted stone will be transported by a rubber tyred loading shovel with bucket width of 3.2 metres. The machine will travel at low speed. The haul road will also have to be used in later phases of block extraction and therefore the access road must be able to accommodate the backhoe excavator which will be used to access the quarry face. This machine is 4.2 metres wide.

The quarry regulations require that adequate edge protection is provided wherever there is a drop, lagoon or other hazard which would put the driver, or others, at significant risk if the vehicle left the bench or roadway. The aim is to stop the largest fully loaded vehicle dropping into the valley stream. On benches or roads used by heavy vehicles, the minimum acceptable height of the edge protection is 1.5 metres or the radius of the largest wheel/tyre, whichever is the greater. The edge protection must be designed so as to absorb a vehicle’s momentum with the impact face being as vertical as possible. Either unconsolidated material or rocks are suitable construction materials, provided the construction is sufficiently able to absorb the impact. In this case, loaded vehicles will be travelling uphill from the quarry to the storage shed.

Some bunding work along the eastern end of the haul road near the quarry has already been erected but the scale and extent of the development would not materially affect the area. The proposed works at the western lower area is more extensive and sensitive and would materially affect the area. The Authority has therefore requested the submission of this proposed development under Part 19 (C)(2)(2) of the GPDO (1995) prior notification procedure.

Potential impacts

Traffic The development involving the construction of the bund will require regular movements between the quarry and the haul road of a small loading shovel carrying stone and unconsolidated material to construct the bund. Additional plant will also be required to excavate into the bank and create the 45 degree batter. However, these traffic movements will be of limited duration and will not add significantly to the levels of traffic movement already permitted under the planning consent NP/DDD/0513/0392. There will be no significant traffic impacts arising from the development.

Environmental emissions – noise The construction of the bund involves additional traffic movements over and above the levels permitted by the consent. There will therefore be additional noise emissions from these works. However, since they are very limited in scope and duration, it is considered that they will not give rise to significant impacts. Landscape character and visual impact The bund is required to be present for the duration of the development, as set out by the quarries regulations. At 1.5 metres in height, the bund is an incongruous feature in the immediate landscape. However, following discussions with the operator, it is possible that the top of the bund can be ‘rounded off’ to make the shape more naturalistic and make it blend in better with the immediate contours. Combined with a programme of seeding, it is considered that the bund will blend in to the landscape in the short-term and will have limited landscape and visual impact in the longer term. The development will not have significant landscape or visual impacts.

Ecology The development involves the removal of a select number of trees. A few small self-set silver birch will be removed and one oak, which has self-set in an old spoil heap immediately adjacent to the bridleway. A second oak lying on the other side of the bridleway some 50m further up, will be retained. The Authority’s ecology team has been made aware of these proposals and has raised no objections. They would however like to be consulted on the seed mix to apply to the bund, which the operator has agreed to. In summary, the effects on the ecological interest of the site are not considered to be significant.

Archaeology There are no identified areas of archaeological interest within the proposed location of the safety bunds or the bank excavation works area. It is considered that there are no significant impacts on the areas of archaeological interests in the locality arising from the proposed works.

Hydrology and Hydrogeology The applicant has indicated that the haul roads must be graded regularly to ensure the free drainage of surface water and the removal of loose debris. Consultation has also taken place with both the Authority’s footpaths’ officers and with Derbyshire County Council’s Rights of Way team. Neither party has raised objections to the works, but have commented that intermittent drainage channels should be provided at regular intervals along the affected stretch of haul road, to ensure surface water does not reach a critical volume and velocity where it can start to erode the surface, thereby having potential impacts on sediment loading into the nearby brook. Consequently, it is considered that the development will not give rise to significant hydrological impacts.

Recreational (including residential) amenity The proposal to construct the bund requires that it will be undertaken during the approved hours of working for the quarry and therefore no detriment to local residential amenity will arise.

Other environmental/acknowledged interests. There are none. In reaching the conclusion below the Authority has taken into other aspects including cumulative effects, soils, vibration, light, dust and climate impacts.

Conclusion The development is unlikely to have significant effects on the environment within this part of the National Park such as to adversely affect one or more interests identified in schedule 4 of the EIA Regulations 2011. The conclusion, having considered the potential effects on the environment, is that the development is not EIA development.

Form completed by: Andrew P Barton.......................... Date 19-08-2014.......................... (Senior Minerals Planner)

Authorised by: David G Bent.............................. Date 19-08-2014.......................... (Minerals Team Manager)